Law:

Section:

Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)..- ----S. 3'(b)---Allotment of land---Land in dispute which had finally been allotted to Mukhbar on his Mukhbari application being not available for disposal in term of S. 3(b), original allottee (petitioner) from whose name land was cancelled on Mukhbari application and who was in possession of that land, could not claim sale of that land in his favour on basis of his possession over that land. JUDGMENT The necessary facts briefly stated are that one Muhammad Ismail son of Ilam Din, a refugee from Jammu and Kashmir, was allotted land in dispute situated in village Karyala, Tehsil Hafizabad, District Gujranwala on 20-10-1957. On the death 'of Muhammad Ismail, the then Rehabilitation Commissioner (Lands) vide order dated 30-4-1964 allotted the said land in the name of Nemat Ullah son of Sardar Khan, as it was represented that he was nephew of deceased allottee namely Muhammad Ismail. One Jamal Din son of Ilam Din filed a `Mukhbari' application on 22-3-1974 complaining that Nemat Ullah was not related in any manner to Muhammad Ismail allottee and that the order of allotment was obtained by him through misrepresentation and by practising fraud. The Additional Settlement Commissioner with the powers of Chief Settlement Commissioner vide order dated 20-11-1975 accepted the `Mukhbari' application, cancelled the allotment in the name of Namat Ullah and directed that the said land be allotted to Jamal Din son of Ilam Din, Mukhbar against his 4-16 PIUs. Nemat Ullah challenged this order by filing a Constitution petition in this Court which was dismissed on 21-5-1976. The Special Leave to Appeal taken to the Supreme Court was also dismissed on 27-3-1982. 2. Nemat Ullah then filed a suit before the Civil Court and on its dismissal challenged the decree of dismissal of the suit before the learned Additional District Judge. This appeal was also dismissed on 23-11-1982 and revision petition (C.R.No. 1515/D-83) to challenge the said judgment was also dismissed by this Court on 9-10-1983. 3. After all this prolonged litigation, Nemat Ullah submitted application to Chief Settlement Commissioner on 13-10-1983…

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